RULING
ANKUMAH, J.
The plaintiff per his amended writ and statement of claim is claiming inter alia against the defendant that he is the head of the Royal Owuo We family. The suit was originally against one Solomon Nortey Owuo who died on 8th October 2015. The plaintiff then applied for leave to substitute the deceased 1st defendant with Ebenezer Kpakpo Acquaye who is now the present 1st defendant/applicant. The Court granted the plaintiff’s plea on 3rd December 2015.
On 10th February 2016, the 1st defendant/applicant filed a Motion on Notice to set aside the order of substitution granted the plaintiff on 3rd December 2015 that substituted the applicant in place of the late Solomon Nortey Owuo. The basis of the 1st defendant/applicant’s prayer is contained in paragraphs 4, 5, and 7 of his affidavit in support filed on 10/2/16 as follows:
“4. That all the issues in this suit have been resolved save the issue of headship of the Owuo We Royal family between the plaintiff/respondent …